Litigation Story: How to Survive and Thrive Through the Litigation Process

By Stephanie Cousins

Filing a lawsuit or a claim is a big decision, but you can successfully navigate the legal process with the knowledge and skills in this legal guide.

Stephanie Cousins, a veteran freelance court reporter, walks you through critical steps to take if you’ve been injured in a personal accident or on the job. By following her guidance, you will avoid becoming just another client, just another case … or just another injured worker.

Be free from all fear and intimidation as you:

• take control over your conversations;
• take control over your signature;
• take control over your medical treatment;
• prepare to answer tough questions;
• give testimony in court or a deposition.

You can possess the power and confidence to make a mind-blowing comeback from injury, fully prepared to face insurance companies, lawyers, and judges—and you don’t need insurance training or a law degree.

Do not allow a personal injury lawsuit or worker’s compensation claim to destroy your life—because you are not just a victim, and your rights matter.

Empower yourself to achieve the best results legally, physically, and emotionally with the guidance and insights in Litigation Story.

• Language: English
• Publisher: WestBow Press
• Release date: Apr 29, 2021
• ISBN: 9781664230774

Stephanie Cousins

Stephanie Cousins has spent thirty-seven years as a career freelance court reporter, silently listening to people share their personal stories of one of the worst days of their lives. She is passionate about equipping and empowering people who have been injured and find themselves involved in litigation, defending their rights, privileges and honor, and helping them to achieve their best result legally, emotionally, physically, and spiritually.

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Copyright © 2021 Stephanie Cousins.

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All Scripture quotations, unless otherwise indicated, are taken from the Holy Bible, New International Version®, NIV®. Copyright ©1973, 1978, 1984, 2011 by Biblica, Inc.® Used by permission of Zondervan. All rights reserved worldwide. www.zondervan.com The NIV and New International Version are trademarks registered in the United States Patent and Trademark Office by Biblica, Inc.®

Scripture quotations marked (ESV) are from The ESV® Bible (The Holy Bible, English Standard Version®), copyright © 2001 by Crossway, a publishing ministry of Good News Publishers. Used by permission. All rights reserved.

Scripture marked (KJV) taken from the King James Version of the Bible.

Scripture marked (NKJV) taken from the New King James Version®. Copyright © 1982 by Thomas Nelson. Used by permission. All rights reserved.

Scripture quotations taken from the (NASB®) New American Standard Bible®, Copyright © 1960, 1971, 1977, 1995, 2020 by The Lockman Foundation. Used by permission. All rights reserved. www.lockman.org

Scripture quotations marked (NLT) are taken from the Holy Bible, New Living Translation, copyright ©1996, 2004, 2015 by Tyndale House Foundation. Used by permission of Tyndale House Publishers, a Division of Tyndale House Ministries, Carol Stream, Illinois 60188. All rights reserved.

ISBN: 978-1-6642-3078-1 (sc)

ISBN: 978-1-6642-3077-4 (e)

WestBow Press rev. date: 04/29/2021

CONTENTS

Preface

Introduction

Chapter 1 To File or Not to File

Chapter 2 Wrong Place, Wrong Time

Chapter 3 The Smoke Has Cleared

Chapter 4 The First Step

Chapter 5 Are You Able?

Chapter 6 You Have a Choice in Your Future

Chapter 7 Moving Forward and Making the Right Choices

Chapter 8 Seeking Legal Counsel

Chapter 9 What Do I Do Now?

Chapter 10 Maintaining Peace while Moving Forward

Chapter 11 To Work or Not to Work?

Chapter 12 The Waiting Game

Chapter 13 Testifying

Chapter 14 Don’t Let the System Drag You Down

Chapter 15 Keep Living

Chapter 16 The Decision Is Yours

Chapter 17 What Does the Bible Say?

Notes

PREFACE

The secret to living well in this world

is to never look for justice, and

never cease to give it.

—Leonard Ravenhill

The purpose of this short book is to equip and empower you to not only navigate through the process of a lawsuit or workers’ compensation claim due to a personal injury or accident but to control the entire process, achieving your best results legally, physically, emotionally, and spiritually. During your litigation, you will be in charge of your case—not the legal system and not the attorneys. You are not just another client, just another case, and just another injured worker, and you are not a statistic. Your rights matter, and you matter.

Don’t let your injury, pain, and suffering destroy your life. You can easily and quickly educate yourself enough to master your journey through the legal process, and this book will show you how. I have kept it simple, because even though the law is confusing and technical, the steps to walking through litigation peacefully and victoriously are simple. Even if you are midway through litigation or thankfully near the end, the truths and principles for a successful life outlined in this book will remain constant throughout your entire life.

I have loved my career as a freelance court reporter. It is really all I’ve ever wanted to do. I have had the opportunity to meet some of the finest people on earth, and it has been a genuine blessing of a lifetime. I guess at the end of my day and the end of my career, I feel honored to be a part of justice that got done.

INTRODUCTION

Being a court reporter has given me the rare and precious privilege of being allowed to enter into other people’s suffering at their most personal level, where a sudden trauma has occurred, and their lives have been turned upside down. Because a court reporter remains silent throughout all proceedings and has no vested interest in the matter, I’ve made it a personal endeavor to listen carefully, observe, and study not only the people who are testifying but the reactions of other people in the room as well.

When you have nothing to do but mindlessly pound on a keyboard, your mind is very tuned in to what people are saying, what they’re not saying, their body posture, facial expressions, what they do when they’re lying or faking, what rocks their emotions, what makes them angry, what incites their passion, how they feel about themselves, what kind of faith they have or don’t have, and the list goes on.

My name is Amicus Curiae. As a Friend of the Court, it is my aim to help you through this difficult life challenge you are facing and carry you through to the end, where you break free from any and all aftermath of your accident or injury, healed and whole, maybe even better than you were before your trauma.

So if the Son sets you free, you will be free indeed.

—John 8:36, approximately AD 30

CHAPTER 1

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To File or Not to File

Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser—in fees, expenses, and waste of time.

—Abraham Lincoln¹

"D o you solemnly swear or affirm that the testimony you are about to give will be the truth, the whole truth, and nothing but the truth?"

As the witness answered in the affirmative, it was quite evident to me, from personal observation in the parking lot and unintended overhearing in the reception area, that over the course of the next three-plus hours of deposition testimony, this woman had her own version of the truth and would say and do whatever it took to convince everyone in the room that she was a poor, helpless victim who deserved justice—and a hefty check—to compensate her for all that she had lost:

1. The ability to function normally, both physically and emotionally, without pain

2. The ability to work and earn money

3. The ability to have fun and enjoy life

4. Hope for the future

For thirty-seven years, I have been a participant of thousands of depositions serving as a freelance court reporter. You know, that bored-looking woman who sits like a statue at this tiny typewriter-like thing called a steno machine, magically turning every word spoken in the room into a beautiful, expensive book called a Transcript. That’s me.

The short definition of a court reporter is a person whose occupation is to transcribe the spoken word into written form using a shorthand machine to produce official transcripts of court hearings, depositions, and other official proceedings. Maybe you have seen one in action on TV, or maybe you have had the nerve-racking privilege of testifying yourself with a court reporter present, writing down your every word.

Over the course of the past three and a half decades, I am happy to say that only once have I been on the other side of the table, giving a deposition. I felt the pressure of all eyes on me, my so-called adversary waiting for me to stumble over an answer—or worse yet, in my uneasy chair, answer incorrectly out of forgetfulness or nervousness, which may have given the impression I was trying to lie or deceive.

Of course, there are always the following hours, days, and maybe months afterward where